No. 21

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Wednesday, March 1, 2017.

1:30 p.m.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Afendoulis—present Garcia—present Kesto—present Reilly—present

Albert—present Garrett—excused Kivela—present Rendon—present

Alexander—present Gay-Dagnogo—present Kosowski—present Roberts—present

Allor—present Geiss—present LaFave—present Robinson—present

Barrett—present Glenn—present LaGrand—present Runestad—present

Bellino—present Graves—present LaSata—present Sabo—present

Bizon—present Green—present Lasinski—present Santana—present

Brann—present Greig—present Lauwers—present Schor—present

Brinks—present Greimel—present Leonard—present Scott—present

Byrd—present Griffin—present Leutheuser—present Sheppard—present

Calley—present Guerra—present Liberati—present Singh—present

Camilleri—present Hammoud—present Lilly—present Sneller—present

Canfield—present Hauck—present Love—present Sowerby—present

Chang—present Hernandez—present Lower—present Tedder—present

Chatfield—present Hertel—present Lucido—present Theis—present

Chirkun—present Hoadley—present Marino—present VanderWall—present

Clemente—present Hoitenga—present Maturen—present VanSingel—present

Cochran—present Hornberger—present McCready—present Vaupel—present

Cole—present Howell—present Miller—present VerHeulen—present

Cox—present Howrylak—present Moss—present Victory—present

Crawford—present Hughes—present Neeley—present Webber—present

Dianda—present Iden—present Noble—present Wentworth—present

Durhal—present Inman—present Pagan—present Whiteford—present

Elder—present Johnson—present Pagel—present Wittenberg—present

Ellison—present Jones—present Peterson—present Yanez—present

Faris—present Kahle—present Phelps—present Yaroch—present

Farrington—present Kelly—present Rabhi—present Zemke—present

Frederick—present

e/d/s = entered during session

Rev. Donald R. Derby, Pastor of Heritage United Methodist Church in Snover, offered the following invocation:

“Lord, God. We are gathered here in this space to do the work of the people of Michigan. Before this work is begun, however, we dare to seek Your face and Your blessing that the work will be done according to Your plan for the lives of the citizens of Michigan.

We come from many different faith backgrounds which may cause some to take offense at our attempt to approach Your throne and gain Your blessing on the work that will be done here. May their spirits be calmed and may they be in agreement with those who are in relationship with You. Your instructions contained in the Jewish and Christian Scriptures tell us that ‘… if my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and I will forgive their sin and will heal their land.’

We do seek Your forgiveness and healing hand upon our state, Lord, as we have many different points of view on issues that we face here in Michigan: From solving the problem of disintegrating highways and bridges to Federal and State Constitutional issues dealing with how we live out our personal and communal life, liberty and the pursuit of happiness. We have difficulty in coming to unanimous agreement so we need You to show us the way and wisdom of compromise. We need You to sow peace where there is disagreement and discord. We confess, God that we fail You in so many ways and now seek to be reconciled to You and to each other so that we may be successful in living together in peace and harmony.

We look forward to seeing how You will inspire this eminent body to do the work of the people this day as we pray in the authority of the Name of the Son of God, Jesus Christ.

Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Greig moved that Rep. Garrett be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Crawford, Bizon, Canfield, Chirkun, Cox, Ellison, Faris, Garcia, Green, Hoadley, Hornberger, Howrylak, Hughes, Marino, Maturen, Moss, Schor, Wittenberg and Yaroch offered the following resolution:

House Resolution No. 29.

A resolution to declare March 2017 as Brain Injury Awareness Month in the state of Michigan.

Whereas, Brain injury and specifically, traumatic brain injury (TBI) has become recognized in recent years as one of the most significant chronic disease conditions that can potentially impact nearly every Michigan resident; and

Whereas, Nearly 2.5 million Americans sustain a TBI each year that results in over 50,000 deaths; and

Whereas, TBI’s contribute to nearly a third of all injury-related deaths in the United States. This public health concern ranks as the leading cause of death and disability in children and young adults; and

Whereas, The state of Michigan has attained national recognition as a leading center of excellence in the field of brain injury treatment and rehabilitation as a result of the extensive number of rehabilitation centers, medical treatment facilities, care providers, programs, and professionals specializing in brain injury across the state; and

Whereas, Most cases of traumatic brain injury are preventable and enhanced public awareness of traumatic brain injury is essential in injury prevention, the development of effective treatment, and securing necessary resources; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2017 as Brain Injury Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lucido, Canfield, Chirkun, Cox, Faris, Farrington, Green, Hoadley, Hornberger, Hughes, Marino, Maturen, Sowerby and Yaroch offered the following resolution:

House Resolution No. 30.

A resolution to urge the U.S. Air Force to station the F-35 Lightning II at Selfridge Air National Guard Base.

Whereas, Selfridge Air National Guard Base (ANGB) has a long and proud history of flying fighter aircraft dating back almost 100 years. Selfridge ANGB is home to the 127th Wing, a highly respected warfighting unit currently flying A-10s and KC-135s. The 127th Wing has been essential in providing air support in combat in the Middle East in recent years; and

Whereas, Located north of Detroit on the shore of Lake Saint Clair, Selfridge ANGB is a joint military community with existing infrastructure; efficient flight times to major metropolitan areas; and easy access to a regional airport hub, major interstates, and northern Michigan training facilities in Alpena and Grayling; and

Whereas, The F-35 will replace the A-10, currently flying out of Selfridge ANGB, increasing the necessity of placing the F-35 at Selfridge ANGB to take advantage of the infrastructure and personnel standing ready for the F-35 Lightning II. The F-35 is designed to defeat the most advanced threat systems deployed today. A fifth generation fighter, the F-35 has advanced stealth, exceptional agility and maneuverability, and low support costs; and

Whereas, The base is a source of community pride and jobs, with the local economic benefit worth more than $700 million to residents and businesses in several surrounding cities and townships. In addition, the base is a key component of disaster response for the entire state and a vital base for our nation’s homeland security; now, therefore, be it

Resolved by the House of Representatives, That we urge the U.S. Air Force to station the F-35 Lightning II at Selfridge Air National Guard Base; and be it further

Resolved, That copies of this resolution be transmitted to the members of the Michigan congressional delegation and the Secretary of the Air Force.

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Hauck, Maturen, Yaroch, Sheppard, Calley, Canfield, Chirkun, Cox, Crawford, Ellison, Faris, Green, Hoadley, Hornberger, Howrylak, Hughes, Marino, Moss, Schor and Wittenberg offered the following resolution:

House Resolution No. 31.

A resolution to declare March 1, 2017 as “Spread The Word To End The Word Day” in the state of Michigan.

Whereas, “Spread the Word to End the Word” is an ongoing campaign, organized by Special Olympics, which asks people to pledge to stop using the “R-word.” Stopping the use of this language is a starting point toward creating more accepting attitudes and communities for all people; and

Whereas, Language affects attitudes and attitudes affect actions and the “R-word” perpetuates a hurtful and damaging stigma, no matter whether it is used carelessly or with specific intent; and

Whereas, The terms “mental retardation” and “mentally retarded” were once medical terms with a specific clinical connotation. The pejorative forms, “retard” and “retarded” have since been become too widely used in today’s society as slang to degrade and insult people with intellectual disabilities; and

Whereas, The pejorative use of the “R-word” only reinforces painful stereotypes of people with intellectual disabilities being less valued members of humanity; and

Whereas, Special Olympics and the greater disability community prefers people-first language in order to focus on people and their gifts and accomplishments and to dispel negative attitudes and stereotypes; and

Whereas, Special Olympics is a global leader in providing continuing opportunities through sports for people with intellectual disabilities to realize their potential, develop physical fitness, demonstrate courage, and experience joy and friendship. The organization uses sports as a catalyst for building communities of understanding, inclusion, and respect; and Special Olympics believes that when people “Play Unified” they will “Live Unified”; and

Whereas, March 1, 2017 is the annual day of heightened awareness about and active support of the Spread the Word to End the Word efforts; now, therefore, be it

Resolved by the House of Representatives, that members of this legislative body declare March 1, 2017 as “Spread The Word To End The Word” Day in the state of Michigan. We call upon society to pledge to use respectful, people-first language and proclaim our support and affinity for respectful discourse toward all.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 21.

A resolution to encourage the Michigan Department of Natural Resources, the United States Army Corps of Engineers, and other agencies to continue efforts to prevent the introduction of new aquatic species into the Great Lakes and to consider new research and technologies.

(For text of resolution, see House Journal No. 13, p. 125.)

(The resolution was reported by the Committee on Tourism and Outdoor Recreation on February 22, with substitute (H-1).)

(For substitute, see House Journal No. 18, p. 167.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

The substitute (H-1) was not adopted, a majority of the members present not voting therefor.

The question being on the adoption of the resolution,

Rep. Sabo moved to substitute (H-2) the resolution as follows:

Substitute for House Resolution No. 21.

A resolution to encourage the Michigan Department of Natural Resources, the President of the United States, the United States Army Corps of Engineers, the United State Fish and Wildlife Service, and other agencies to continue efforts to prevent the introduction of new aquatic species into the Great Lakes from the Chicago Area Waterway System and to consider new research and technologies.

Whereas, The Great Lakes and the people, industries, and communities that depend on them have suffered significant harm from the introduction of aquatic invasive species. Studies indicate that past invasions by sea lampreys, zebra mussels, and other aquatic species likely cost the Great Lakes region more than $100 million annually, with impacts on fishing, power generation, manufacturing, municipal drinking water systems, tourism, and recreation; and

Whereas, The introduction of new aquatic invasive species remains a real and imminent threat. Bighead and silver carp are less than 50 miles from Lake Michigan. If they were to invade the Great Lakes, they could displace native species, disrupt fisheries, and injure boaters, negatively impacting the $7 billion Great Lakes sport fishery and $5 billion Great Lakes boating industry; and

Whereas, There are ongoing efforts by the state of Michigan, the other Great Lakes states, and the federal government to prevent the introduction of bighead and silver carp and other new aquatic invasive species. Among other actions, the Michigan Department of Natural Resources employs active enforcement, outreach, education, and monitoring for bighead and silver carp while the Illinois Department of Natural Resources, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and other federal agencies work to prevent bighead and silver carp from reaching the Great Lakes; and

Whereas, New research and technologies can enhance action already being taken to prevent and control aquatic invasive species. Ozone, carbon dioxide, hot water, sound, and microparticles have all shown promise in preventing an invasion and are being actively studied. Restoring native fish populations may also help support a healthy fish community and provide ecosystem resiliency to limit the spread of aquatic invasive species; now, therefore, be it

Resolved by the House of Representatives, That we encourage the Michigan Department of Natural Resources, the President of the United States, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and other agencies to continue efforts to prevent the introduction of new aquatic species, specifically bighead, silver, and black carp, into the Great Lakes from the Chicago Area Waterway System; and be it further

Resolved, That we encourage the open consideration of new research and the development of new technologies that may provide innovative and effective methods to prevent and control aquatic invasive species; and be it further

Resolved, That copies of this resolution be transmitted to the Director of the Michigan Department of Natural Resources, the President of the United States, the commanders of the United States Army Corps of Engineers Great Lakes and Ohio River Division and Mississippi Valley Division, the Director of the United States Fish and Wildlife Service, and the other members of the Asian Carp Regional Coordinating Committee.

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Reps. Hughes and Sabo moved to substitute (H-3) the resolution as follows:

Substitute for House Resolution No. 21.

A resolution to encourage the President and Congress of the United States, the Michigan Department of Natural Resources, the United States Army Corps of Engineers, the United State Fish and Wildlife Service, and other agencies to continue efforts to prevent the introduction of new aquatic species into the Great Lakes from the Chicago Area Waterway System and to consider new research and technologies.

Resolved by the House of Representatives, That we encourage the President and Congress of the United States, the Michigan Department of Natural Resources, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and other agencies to continue efforts to prevent the introduction of new aquatic species, specifically bighead, silver, and black carp, into the Great Lakes from the Chicago Area Waterway System; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, President of the United States Senate, Speaker of the House of Representatives, members of the Michigan congressional delegation, Director of the Michigan Department of Natural Resources, the commanders of the United States Army Corps of Engineers Great Lakes and Ohio River Division and Mississippi Valley Division, the Director of the United States Fish and Wildlife Service, and the other members of the Asian Carp Regional Coordinating Committee.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4057, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 7a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 6 Yeas—108

Afendoulis Frederick Kesto Reilly

Albert Garcia Kivela Rendon

Alexander Gay-Dagnogo Kosowski Roberts

Allor Geiss LaFave Robinson

Barrett Glenn LaGrand Runestad

Bellino Graves LaSata Sabo

Bizon Green Lasinski Santana

Brann Greig Lauwers Schor

Brinks Greimel Leonard Scott

Byrd Griffin Leutheuser Sheppard

Calley Guerra Liberati Singh

Camilleri Hammoud Lilly Sneller

Canfield Hauck Love Sowerby

Chang Hernandez Lower Tedder

Chatfield Hertel Lucido Theis

Chirkun Hoadley Marino VanderWall

Clemente Hoitenga Maturen VanSingel

Cochran Hornberger McCready Vaupel

Cole Howell Miller VerHeulen

Cox Howrylak Moss Victory

Crawford Hughes Neeley Webber

Dianda Iden Noble Wentworth

Durhal Inman Pagan Whiteford

Elder Johnson Pagel Wittenberg

Ellison Jones Peterson Yanez

Faris Kahle Phelps Yaroch

Farrington Kelly Rabhi Zemke

Nays—0

In The Chair: Chatfield

The House agreed to the title of the bill.

Rep. Lauwers moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4186, entitled

A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending sections 1 and 8b (MCL 287.331 and 287.338b), section 1 as amended by

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 7 Yeas—100

Afendoulis Farrington Jones Phelps

Albert Frederick Kahle Reilly

Alexander Garcia Kelly Rendon

Allor Gay-Dagnogo Kesto Roberts

Barrett Geiss Kivela Runestad

Bellino Glenn Kosowski Sabo

Bizon Graves LaFave Santana

Brann Green LaGrand Scott

Brinks Greig LaSata Sheppard

Byrd Greimel Lasinski Singh

Calley Griffin Lauwers Sneller

Camilleri Guerra Leonard Sowerby

Canfield Hammoud Leutheuser Tedder

Chatfield Hauck Liberati Theis

Chirkun Hernandez Lilly VanderWall

Clemente Hertel Love VanSingel

Cochran Hoadley Lower Vaupel

Cole Hoitenga Lucido VerHeulen

Cox Hornberger Marino Victory

Crawford Howell Maturen Webber

Dianda Howrylak McCready Wentworth

Durhal Hughes Miller Whiteford

Elder Iden Neeley Yanez

Ellison Inman Noble Yaroch

Faris Johnson Pagel Zemke

Nays—8

Chang Pagan Rabhi Schor

Moss Peterson Robinson Wittenberg

In The Chair: Chatfield

The House agreed to the title of the bill.

Rep. Lauwers moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4136, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87f (MCL 211.87b and 211.87f), section 87b as amended and section 87f as added by 2016 PA 82.

The bill was read a second time.

Rep. Tedder moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 69, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2016 PA 376.

The bill was read a second time.

Rep. Cole moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Glenn to the Chair.

Introduction of Bills

Rep. Lucido introduced

House Bill No. 4285, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 47 and 89a (MCL 211.47 and 211.89a), section 47 as amended by 1994 PA 253 and section 89a as amended by 2008 PA 512.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Rep. Victory introduced

House Bill No. 4286, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 135 and 197 (MCL 280.135 and 280.197), section 197 as amended by 2013 PA 261.

The bill was read a first time by its title and referred to the Committee on Local Government.

Reps. Kesto and Iden introduced

House Bill No. 4287, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 529 (MCL 750.529), as amended by 2004 PA 128.

The bill was read a first time by its title and referred to the Committee on Law and Justice.

Rep. Kesto introduced

House Bill No. 4288, entitled

A bill to amend 2015 PA 255, entitled “Uniform interstate family support act,” by amending section 204 (MCL 552.2204).

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Phelps and Kesto introduced

House Bill No. 4289, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 491a.

The bill was read a first time by its title and referred to the Committee on Law and Justice.

Rep. Webber introduced

House Bill No. 4290, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending sections 16, 17, and 19 (MCL 691.1416, 691.1417, and 691.1419), as added by 2001 PA 222.

The bill was read a first time by its title and referred to the Committee on Local Government.

Reps. Neeley, Wittenberg, Durhal, Gay-Dagnogo, Ellison, Camilleri, Phelps, Byrd, Hoadley, Pagan, Chirkun, Geiss, Love, Santana, Clemente, Peterson, Glenn, Faris, Singh, Greimel, Chang, Canfield, Moss and Zemke introduced

House Bill No. 4291, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Rep. Kivela introduced

House Bill No. 4292, entitled

A bill to amend 1929 PA 199, entitled “An act to authorize and empower villages and townships of this state having a population not exceeding 10,000 inhabitants, to levy a tax for the maintenance or the purchase of lands and maintenance of property for a community center for the benefit of the public, provided the question of such purchase or maintenance, or both purchase and maintenance, as the case may be, is submitted to the duly qualified voters of such villages or townships and is adopted by a majority vote of those participating in said election; and to prescribe penalties and provide remedies,” by amending section 3 (MCL 123.43), as amended by 2000 PA 435.

The bill was read a first time by its title and referred to the Committee on Local Government.

Reps. Gay-Dagnogo, Jones, Hammoud, Neeley, Geiss, Chang, Byrd, Elder, Pagan, Camilleri, Moss, Scott, Wittenberg, Durhal, Brinks, Peterson, Yanez, Sabo, Hoadley, Greimel, Sneller, Ellison, Rabhi, Faris, Phelps, Greig, Robinson, Cochran, Hertel, Chirkun, Dianda, Love and Zemke introduced

House Bill No. 4293, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1164.

The bill was read a first time by its title and referred to the Committee on Education Reform.

______

Rep. Cole moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, February 28:

House Bill Nos. 4276 4277 4278 4279 4280 4281 4282 4283 4284

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, March 1:

Senate Bill Nos. 202 203 204 205 206

The Clerk announced that the following Senate bill had been received on Wednesday, March 1:

Senate Bill No. 118

Reports of Standing Committees

The Committee on Local Government, by Rep. Lower, Chair, reported

House Bill No. 4080, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1274a (MCL 380.1274a), as amended by 2003 PA 255.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick, Hauck, Green, Moss, Ellison and Sabo

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lower, Chair, of the Committee on Local Government, was received and read: